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Legal Opinion

In Re Smith

United States Bankruptcy Court, S.D. Illinois

Decided March 6, 2001No. 19-40144PublishedCited by 22 opinions

1Opinion of the Court

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

The debtor in this case seeks to modify her confirmed Chapter 13 plan to surrender a vehicle securing the claim of General Motors Acceptance Corporation (“GMAC”) and pay the deficiency following sale of the vehicle as an unsecured claim. GMAC objects, asserting that the proposed modification would reclassify its claim from secured to unsecured in violation 11 U.S.C. § 1329 governing post-confirmation modification.

The facts are undisputed. Debtor, Linda Smith, filed her Chapter 13 petition in October 1999, four months after purchasing the vehicle in…

2Cases cited11 opinions

  1. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  2. In Re: Sahnica Denise Nolan, Debtor. Chrysler Financial Corporation v. Sahnica Denise NolanCourt of Appeals for the Sixth Circuit · 2000
  3. In Re JockUnited States Bankruptcy Court, M.D. Tennessee · 1989
  4. In Re RimmerUnited States Bankruptcy Court, W.D. Tennessee · 1992
  5. In Re ColemanUnited States Bankruptcy Court, S.D. Georgia · 1999

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Coastal Credit, L.L.C. v. Mellors (In Re Mellors)United States Bankruptcy Court, W.D. Pennsylvania · 2007
  2. In Re BarclayUnited States Bankruptcy Court, N.D. Alabama · 2001
  3. In Re ArguinUnited States Bankruptcy Court, N.D. Illinois · 2006
  4. In Re SellersUnited States Bankruptcy Court, W.D. Louisiana · 2009
  5. In Re DavisUnited States Bankruptcy Court, S.D. Texas · 2009

17 more not listed; retrieve them via the Exa API.

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